NY State Senate Bill S5489

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2022	referred to higher education delivered to assembly passed senate
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.880
Jan 05, 2022	referred to higher education returned to senate died in assembly
Jun 09, 2021	referred to higher education delivered to assembly passed senate ordered to third reading cal.1693 committee discharged and committed to rules
Mar 09, 2021	referred to higher education

Votes

Co-Sponsors

S5489 (ACTIVE) - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6808-b, Ed L

S5489 (ACTIVE) - Summary

Permits an exception from registration for nonresident pharmacies in cases of a specific patient need or a declared public health emergency under certain conditions.

S5489 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5489        REVISED 05/17/2021

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the education law, in relation to the registration of
nonresident pharmacies, manufacturers, wholesalers and outsourcing
facilities that deliver prescription drugs to other establishments,
authorized prescribers and patients residing in this state

 
PURPOSE:

This bill would authorize pharmacies to receive prescription drugs from
other pharmacies outside of New York that are not registered with the
New York State Education Department, guaranteeing patient access to
medications in the case of a public health emergency.

 
SUMMARY OF PROVISIONS:

Section 1 amends New York State Education Law by adding a new section

§ 6808b that would permit unregistered pharmacies from outside New York
to ship, mail or deliver prescription drugs to pharmacies in-state in
cases of a specific patient need or a declared public health emergency.
This authorization is on the condition that said pharmacies are appro-
priately licensed within their home states and adhere to additional
documentation requirements.

Section 2 sets the effective date.

 
JUSTIFICATION:

The outbreak of the COVID-19 pandemic disrupted pharmaceutical supply
chains across the state, hindering patient access to vital drugs. To
safeguard the needs of state residents, Governor Andrew Cuomo issued
executive order 202.15 which allowed New York pharmacies to exchange
medications with other unregistered pharmacies located out-of-state.
Subsequently, thousands of transactions have occurred among pharmacies,
allowing New York residents to maintain access to prescription medica-
tions amid a public health crisis. This bill is needed to codify the
Governor's executive order and provide long-term security to pharmacies
and patients.

This bill would secure patient access to prescription medications during
the ongoing COVID-19 pandemic as well as any future public health emer-
gencies. Also, expanding the current ability of NY pharmacies to trans-
fer excess stock to other pharmacies within the State, to allow trans-
fers beyond NY will increase access and reduce pharmaceutical waste.
Cementing the ability of New York pharmacies to exchange prescription
drugs with other pharmacies outside of the state, not registered with
the Education Department, would protect the health of all New York resi-
dents and update New York law to reflect a new national standard.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately:

S5489 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5489
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  the  registration  of
   nonresident  pharmacies,  manufacturers,  wholesalers  and outsourcing
   facilities that deliver prescription drugs  to  other  establishments,
   authorized prescribers and patients residing in this state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 6808-b of the  education  law,  as
 amended  by  chapter  567  of  the  laws  of 2002, is amended to read as
 follows:
   2. Registration. (A) All nonresident establishments that  ship,  mail,
 or  deliver prescription drugs and/or devices to other registered estab-
 lishments, authorized prescribers, and/or patients into this state shall
 be registered with the department; except that such  registration  shall
 not  apply  to  intra-company transfers between any division, affiliate,
 subsidiaries, parent or other entities under complete  common  ownership
 and  control.  The  provisions of this subdivision shall apply solely to
 nonresident establishments and shall not affect any other  provision  of
 this article.
   (B)  NOTWITHSTANDING  THE  PROVISIONS OF THIS ARTICLE, AN UNREGISTERED
 NONRESIDENT ESTABLISHMENT MAY SHIP, MAIL, OR DELIVER PRESCRIPTION  DRUGS
 AND/OR  DEVICES TO REGISTERED ESTABLISHMENTS IN THIS STATE IN CASES OF A
 SPECIFIC PATIENT NEED OR A DECLARED PUBLIC  HEALTH  EMERGENCY,  PROVIDED
 THAT:
   (I) THE UNLICENSED ESTABLISHMENT IS APPROPRIATELY LICENSED IN ITS HOME
 STATE,  AND  DOCUMENTATION OF THE LICENSE VERIFICATION CAN BE MAINTAINED
 BY THE RESIDENT ESTABLISHMENT;
   (II) IN CASES OF SPECIFIC PATIENT NEED, THE  REGISTERED  ESTABLISHMENT
 SHALL MAINTAIN DOCUMENTATION THAT THE TRANSFER IS FOR SUCH PURPOSE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09095-01-1

 S. 5489                             2
 
   (III)  THE  RESIDENT  ESTABLISHMENT  COMPLIES  WITH ALL RECORD-KEEPING
 REQUIREMENTS FOR EACH DRUG OR DEVICE  RECEIVED  FROM  ANY  PHARMACY  NOT
 REGISTERED BY THE DEPARTMENT;
   (IV)  ALL  DOCUMENTATION  AND  RECORDS  ARE  RETAINED  AND ARE READILY
 RETRIEVABLE BY THE RESIDENT ESTABLISHMENT FOR A PERIOD OF  THREE  YEARS;
 AND
   (V)  THE PRESCRIPTION DRUG OR DEVICE WAS MANUFACTURED BY AN AUTHORIZED
 FDA REGISTERED DRUG MANUFACTURER.
   (C) FOR PURPOSES OF PARAGRAPH (B) OF THIS SUBDIVISION, DOCUMENTS SHALL
 BE DEEMED TO BE MAINTAINED, RETAINED,  OR  READILY  RETRIEVABLE  BY  THE
 RESIDENT  ESTABLISHMENT  IF  THEY ARE AVAILABLE WITHIN SEVENTY-TWO HOURS
 FROM A THIRD-PARTY WHO ARRANGED OR FACILITATED THE TRANSACTION.
   (D) FOR PURPOSES  OF  PARAGRAPH  (B)  OF  THIS  SUBDIVISION  "SPECIFIC
 PATIENT  NEED"  MEANS  THE  TRANSFER  OF  A PRODUCT FROM ONE PHARMACY TO
 ANOTHER TO FILL A PRESCRIPTION FOR AN IDENTIFIED PATIENT. SUCH TERM DOES
 NOT INCLUDE THE TRANSFER OF A PRODUCT FROM ONE PHARMACY TO  ANOTHER  FOR
 THE  PURPOSE  OF  INCREASING  OR REPLENISHING STOCK IN ANTICIPATION OF A
 POTENTIAL NEED.
   § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S5489

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

May 24, 2022 - floor Vote

Floor Vote: May 24, 2022

Apr 26, 2022 - Higher Education committee Vote

Higher Education Committee Vote: Apr 26, 2022

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jun 9, 2021 - Rules committee Vote

Rules Committee Vote: Jun 9, 2021

Co-Sponsors

S5489 (ACTIVE) - Details

S5489 (ACTIVE) - Summary

S5489 (ACTIVE) - Sponsor Memo

S5489 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5489

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 24, 2022 - floor Vote

Floor Vote: May 24, 2022

Apr 26, 2022 - Higher Education committee Vote

Higher Education Committee Vote: Apr 26, 2022

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jun 9, 2021 - Rules committee Vote

Rules Committee Vote: Jun 9, 2021

Co-Sponsors

S5489 (ACTIVE) - Details

S5489 (ACTIVE) - Summary

S5489 (ACTIVE) - Sponsor Memo

S5489 (ACTIVE) - Bill Text download pdf

Comments